If you're seeking legal representation for an intoxication manslaughter case in Houston, you'll certainly need legal advice from a qualified defense attorney. Under Texas Penal Code 49.08, it carries a punishment a felony of the second degree, unless Texas Penal Code 49.09 allows for the sentence can be enhanced. Posted on October 21, 2021 by Of course, not all of these fatal drunk driving crashes will result in a serious felony prosecution under Texas law. However, even if a person does not meet this threshold, a prosecutor can still prove intoxication if other evidence establishes the defendant did not have the normal use of mental or physical faculties by reason of the introduction of alcohol or another controlled substance at the time of the accident. The ADA does not need to have evidence of motive, for instance, or any conscious desire to harm another person. Arrest warrant documents state that Pineda was arrested "due to having lost the normal use of her mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances or any other substance into the body and not being able to operate a motor vehicle safely.". Resistance to public officers, &c. 4. First of all, the statute provides that there is no defense to intoxication manslaughter charges that the defendant driver is or has been entitled to use the intoxicating substance (e.g., alcohol, controlled substance, drug, dangerous drug, or other substance). How Do You Get Your License Back After a DWI in Texas? You may not run for public office. The intoxication standard for intoxication assault or intoxication manslaughter is the same as for a regular DUI/DWI in Texas. We can help you navigate this scary situation. The death doesn't need to be immediate. 5 min read. Mayra Rebollar, 31, has been charged with intoxication manslaughter, but is still hospitalized. See, Moore v. State,520 S.W.3d 906, 908 (Tex. Each charge will come with its own corresponding penalty, as defined in the statute. Under Texas Penal Code 1.07(a)(17), deadly weapon is defined as either: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. All Rights Reserved. Home Legal Blog What Is Intoxication Manslaughter? UnderTexas law, both intoxication assault and intoxication manslaughter are criminal offenses separate and apart from DUI/DWI. This is a key distinction between intoxication manslaughter and a simple manslaughter case. Michael Lowe is Celebrating Over 20 YEARS of Service. 2023 Thiessen Law Firm. Pursuant to the Failure to Stop and Render Aid Statute, the ADA will have to prove up that the operator of the motor vehicle failed to: (1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible; (2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; (3) immediately determine whether a person is involved in the accident, and if a person is involved in the accident, whether that person requires aid; and. Officer Arellano had been a member of the Dallas Police Department since June of 2019 and was assigned to Northwest Patrol Division, 1st watch. The aggravated assault charge caries a punishment of probation to 2 to 20 . To get the right start fighting your charges call us at 713-864-9000 or, Criminal History and Travel Abroad Restrictions, The Penalties For Intoxication Manslaughter in Texas, Fighting a DWI License Suspension in Texas. another assistant DA, questioned Harlingen police officer Humberto Herrera, one of the first officers to arrive at the scene, as to whether Lincoln appeared intoxicated at the time of the accident . Homicide, under Texas law, involves evidence to show that the accused acted consciously, with premeditation, and with motive. This also applies to a death that occurs after the accident as a result of severe injuries. Arellano leaves behind a girlfriend, a young son,and three siblings, including a brother who is also a Dallas police officer. Will I Lose My CDL if I Get a DWI in Texas? Mutual combat. Primarily, this law applies to the drivers of cars. Before, during, and after an arrest in Texas, you still have rights that must be honored and respected. He was sentenced to 10 years of probation in December plus 300 community service hours. Call us today at (713) 222-6767 or for a free, no obligation consultation. 49.08, or if you already face charges related to your arrest, you do not have to try to fight this by yourself. Intoxication Manslaughter If the defendant is charged with intoxication assault and the victim dies of his injuries before the criminal case is concluded, the charge might be upgraded to intoxication manslaughter, a second-degree felony with penalty ranges that are identical to the enhanced penalties for intoxication assault. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Rebollar has been charged with. The person killed can be a passenger in the driver's vehicle, the occupant of another car, or a pedestrian. The wrong-way crash happened Tuesday, Oct. 11. Your email address will not be published. Intoxication manslaughter is a second-degree felony punishable by a minimum of 2 years and a maximum of 20 years in the Texas Department of Corrections (TDS) and a fine that does not exceed $10,000. A lawyer may be able to help you avoid this consequence by negotiating a plea bargain that avoids a criminal conviction. Nothing on this site should be taken as legal advice for any individual case or situation. It's not clear if she's obtained an attorney. Tex. What is the Difference Between a DUI and DWI? Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority. According to Sec. He was sentenced to 10 years of probation in December plus 300 community service hours. What are the Collateral Consequences of a DWI? The judge approved the plea . For instance, if you were driving home after a few beers at .08 blood alcohol concentration, and someone plowed through a red light, causing you to hit them, your being intoxicated would not be the direct cause of any subsequent death or injuries. The penalties imposed for a first-degree felony in such cases can range from a minimum of five to a maximum of 99 years (or life) in prison, a maximum fine of $10,000, or both. Other circumstances as provided under the Texas Penal Code allow for intoxication manslaughter to be charged as a first-degree felony when the intoxication and subsequent crash result in the death of one or more on-duty police officers, firefighters, or emergency medical services personnel. What Constitutes "Intoxication"? The science used by the state to prove this is extremely faulty and can be effectively questioned in court. How does a Felony Conviction Affect Your Life in Texas? A person commits intoxication manslaughter when they cause the death of another person while driving under the influence of drugs or alcohol. Killing in the prosecution of an unlawful or wanton act. Mandatory drug testing for alcohol and all non-prescription drugs. Funeral services are set for Wednesday for a Dallas police officer who was killed last week in a crash involving a wrong-way driver. Testimony began Tuesday in Lincoln's intoxication manslaughter trial being tried and heard before 404th state District Judge Ricardo M. Adobatti. A conviction for Intoxication Manslaughter is the most severe charge that can be pursued by the prosecution in a drunk driving or intoxication case. This includes the possible application of the time of driving defense, where it is shown that there is a reasonable doubt regarding the intoxication of the driver at the time of the accident, arguing that the state has not been able to prove the driver was legally intoxicated at the time the accident happened. No one ever intends to commit intoxication manslaughter in Texas, and we all know that driving while intoxicated is a bad idea. To schedule a free case evaluation, call us now at (713) 222-6767. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); With more than 150 jury trials under his belt, Michael Lowe has strong and varied courtroom experience. Manslaughter, on the other hand, requires that a victims death be the result of criminal negligence from the accused, and that the resulting death was not intentional. Rising Blood Alcohol Content as a DWI Defense. They must prove that you were legally intoxicated while operating the vehicle and that the intoxication caused the accident that resulted in a fatality. The information on this website is for genenral information purposes only. Dallas Police say 31-year-old Mayra Rebollar has been charged with Intoxication Manslaughter for her role in the fatal crash on Spur 408 late Tuesday night that claimed the life of Officer Jacob Arellano, a Dallas police officer who was heading in to start his shift. Sometimes this can be established through hard evidence such as video footage or eyewitness testimony. © 2023 Site Name. One day . 49.01 of the Texas Penal Code defines intoxication as having a blood alcohol concentration (BAC) of 0.08 or higher, or at any level that causes you to lose normal use of mental or physical faculties. Your BAC can be measured by the number of grams of alcohol in your breath, blood, or urine. Call or text (214) 696-9253 or complete a Free Case Evaluation form, Email Address Phone Number Tell us a little more about your case (optional). the death of the Dallas police officer who died after being hit during a crash on Spur 408 last week. What is intoxication manslaughter? In Texas, the prosecution is required to prove that you were actually intoxicated at the time of the accident in order to successfully convict you of intoxication manslaughter. 4.-1. 49.045: Driving While Intoxicated With Child Passenger, Sec. Criminal Defense for Intoxication . Officer Arellano, who was on his way to work dressed in uniform, was driving . This finding will limit eligibility for community supervision, parole, and mandatory supervision of the accused upon conviction. In other words, intoxication manslaughter (also called DWI manslaughter) occurs when an individual was driving while intoxicated and caused the death of another person. If the defense can refute with admissible evidence that but for the accuseds intoxication, the death would not have occurred, then the elements of the charge have not been established by the state. Comments are moderated and these will not be published. It is punishable by up to life imprisonment and a $10,000 fine. 49.08: Intoxication Manslaughter If you or a loved one faces intoxication manslaughter charges in Texas, the District Attorney is accusing you of causing someone else's death because you were under the influence of drugs or alcohol. The Corpus Christi Police Department has identified the officer killed, and the officer injured, in Friday night's traffic-stop accident. Call 469-333-3333. According to the State of Texas Penal Code, Title 10, Sec 49.08, intoxication manslaughter is when a person operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles an amusement ride; is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. . Required fields are marked *. There was still a chance Dieguez was going to jail for pleading guilty to an intoxication manslaughter charge after a crash he caused in June 2016 killed Dane Rutter. In such cases, you are still legally intoxicated regardless of whether you feel drunk or high. She is currently being held on a $500,000 bond for a charge of intoxication manslaughter with a vehicle. We keep you informed of every step of the way, communication is what separates our firm from other firms. Unlike a first-time DUI in Texas, which is only considered a Class B misdemeanor punishable by no more than 180 days in jail, intoxication assault is a third-degree felony, which carries a maximum prison sentence of 10 years and a $10,000 fine. This offense is charged as a felony of the second degree. The death does not have to happen immediately, and can result from injuries caused by the crash. Second Degree Felony He. Crim. 49.08: Intoxication Manslaughter, If you plead guilty or the court hands down a guilty verdict to a felony of the second degree in Texas, you could face between two and 20 years behind bars. At the time of the crash, only one of Pineda's headlights was illuminated, police said. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. 3. This includes: If you plead guilty or the court hands down a guilty verdict to a felony of the second degree in Texas, you could face between two and 20 years behind bars. Please call or complete the form below and we will respond back as soon as possible. Available 24/7 | Se Habla Espaol. Any type of drunk driving charge is serious. Arellano was taken to Methodist Medical Center in Dallas with serious bodily injuries including a broken pelvis and a large laceration on his head, police said. Not Guilty, Quadruple Intoxication Manslaughter, Even one death as the result of drunk driving is too many, and we hope that all of our fans and followers make wise choices and abstain from drinking and driving. Will A DWI Show Up On A Criminal Background Check? Although it may not feel like it right now, you are still presumed innocent until proven guilty. Sec. Mayra Rebollar has been charged with intoxication manslaughter in connection to the fatal crash on Tuesday night that killed Dallas police officer Jacob Arel. But there are always possible defenses available to a defendant. Being intoxicated is dangerous because it negatively impacts your ability to control your movements and inhibits your cognitive function and ability to react. 12.33 of the Texas Penal Code, is punishable by: You are at risk of these criminal and financial penalties if you are arrested for and charged with intoxication manslaughter. (B) having an alcohol concentration of 0.08 or more. The law in Texas specifically addresses persons intoxicated who assemble or operate an amusement park ride that leads to someones death. App. Fighting a drunk driving accusation, charged as a DWI in Texas, is a stressful and scary situation. The state of Texas takes driving while intoxicated seriously. . Manslaughter, by definition, involves someone proven to have recklessly caused the death on an individual, even if there was no intent to kill. Intoxication Manslaughter Defined Under Texas Penal Code Sec. We also know how important it is to limit the damage of a conviction on your life and career. How much harsher? If the police arrested you for violation of Texas Penal Code Sec. The damage of a felony conviction can leave a permanent stain on your record and result in the loss of many civil rights. This device measures your blood alcohol content. If a drunk driver kills a peace officer, firefighter, or emergency medical personnel, they could be charged with a first-degree felony. One day before a Nueces County jury sentenced Brandon Portillo to serve life in prison for the intoxication manslaughter death of Corpus Christi police officer Alan McCollum, Portillo took the witness stand to describe what he called "one of the biggest mistakes" of his life. What are the Penalties for a Third DWI Conviction in Houston, Texas? Investigators said she admitted to drinking a beer and two cocktails before the two-vehicle crash that. And a minimum of up to 240 hours of community service, with room for an additional 800 hours at the states discretion. Crim. The State of Texas has a law in place that specifically categorizes the act of homicide as it occurs in situations during which an intoxicated individual operating a motor vehicle causes the death of another person. You can fight back against an intoxication manslaughter arrest with the guidance and direction of a lawyer. In some intoxication manslaughter cases for a first offense involving the death of only one victim, the court might impose 10 years probation. This statute requires a driver to stop and render aid: (a) if the driver knows that they were involved in an accident and another person was injured or killed; or (b) if the driver knows that they were involved in an accident that was reasonably likely to result in injury to or the death of a person. The fact that the driver was under the influence of prescription medication, for instance, will not successfully shield against an intoxication manslaughter conviction. In this context, serious injury means there is a substantial risk of death to the victim or a protracted loss or impairment of any part of their body. At 8:06 p.m., July 28, police responded to an intoxication incident involving manslaughter on a roadway at the intersection of the 1900 block of Stonebridge Dr., and W. University Drive. refd). Some tactics that have been successful in past cases include: Are you facing the potential damage of a felony conviction in Texas? As a board certified criminal defense lawyer, Barnett has exceptional skill as a criminal trial lawyer and a reputation for aggressive defense of people charged with crimes. SeeTucker v. State,274 S.W.3d 688, 691 (Tex. Manslaughter is shown by the prosecution with admissible evidence that establishes beyond a reasonable doubt that the accused acted in a reckless manner at the time of the accident where someone was killed. Intoxication manslaughter is generally a second-degree felony, but if the victim is a police officer, firefighter, or emergency medical worker, it is elevated to a first-degree felony, which carries the possibility of a lifetime prison sentence. Keep reading:What is intoxication manslaughter probation in Texas? Other times, your lawyer must. In some instances, a criminal defense strategy will be to negotiate a plea down to the lesser charge, if weaknesses can be shown in the prosecutions case. Alcohol affects a driver by: . The wrong-way crash happened Tuesday, Oct. 11. Toms Mier. Several programs have successfully employed ex-felons as guards or police officers, according to the report. A San Antonio man is facing multiple charges after he collided into an unrelated crash scene . Are you currently facing an intoxication manslaughter charge in Texas? There is no reason to try to navigate this on your own. How Do I Bail Somebody Arrested for DWI Out of Jail? More Helpful Resources from Thiessen Law Firm: Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas. In a vehicular manslaughter case, the state needs only to prove a reckless act that caused the death of another. Intoxication manslaughter in the state of Texas is the charge a person receives for causing a fatal motor vehicle accident while driving under the influence of drugs or alcohol at the time of the crash. Officer Jacob Arellano died in the wrong-way crash, which happened late Tuesday night on Spur 408 in southwest Dallas. App. If convicted, you will need to install an ignition interlock on your car. If probation is given, there is a mandatory 120 days' jail sentence. Police said . If you were in an accident involving a DWI, you can never have your record sealed if you are convicted. It can be shown by the manner of driving at the time of the collision; if the ADA can show that the driver was driving recklessly or in a dangerous manner, then the vehicle can be legally deemed a deadly weapon under the law. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actors standpoint.. You cannot practice law after a DWI conviction, even if you have completed law school despite having been convicted of such a crime . This law applies, For more information about the differences between intoxication manslaughter charges and similar charges, please see our article: , The Difference Between Murder, Manslaughter, Intoxication Manslaughter & Vehicular Manslaughter in Texas. Michael Lowe. But if you or someone you know is being charged with. Officer James Combs is charged with intoxication manslaughter in the two-vehicle wreck about 6:30 a.m. Friday on Beechnut near Westmoor, according to the Fort Bend County Sheriff's Office.. Home DWI Resources in Texas Texas Penal Code Sec. A person is automatically considered intoxicated if his or her blood-alcohol level is .08 percent or higher. Under Texas Penal Code 49.08, it carries a punishment a felony of the second degree, unless Texas Penal Code 49.09 allows for the sentence can be enhanced. Intoxication manslaughter is a second-degree felony in Texas, and according to Sec. He possesses the unique expertise necessary to defend those accused of intoxication manslaughter and vehicular manslaughter. Suspect charged with intoxication manslaughter in crash that killed woman, injured 2 police officers. Comments are welcomed here and I will respond to you -- but please, no requests for personal legal advice here and nothing that's promoting your business or product. A felony conviction can permanently alter your life, alter the lives of your family, and limit your employment and career options. While driving a motor vehicle that results in the death of another person, intoxication alone does not establish the necessary link between the behavior and the persons death. An intoxication manslaughter lawyer in Texas can help you by forcing the state to meet the high burden of proof you are entitled to under the law. Intoxication manslaughter. The elements of intoxication manslaughter are, in part, as follows: (1) the individual was intoxicated, (2) while operating a vehicle in a public place, and (3) because of his intoxication, he caused the death of another person. If so, you are going to need a strong and focused defense working on your behalf to minimize the consequences youre facing. But there are always possible defenses available to a defendant. Available 24/7 | Se Habla Espaol (214) 658-1619 Menu Need Legal Representation ? Just think about it: afirst offense DWI can already cost you $2,000 in fines and leave you without a drivers license for up to one year. 5. Torres is accused of driving drunk and hitting Officer Yarbrough-Powell and her partner, Officer Gabriel Fells, on August 9,. Our experience will work for you. This defense will be central to our fight for a more favorable outcome. Intoxication manslaughter is generally a second-degree felony, but if the victim is a police officer, firefighter, or emergency medical worker, it is elevated to a first-degree felony, which carries the possibility of a lifetime prison sentence. Penalties imposed for this crime range from two to 20 years in prison, a maximum fine of $10,000, or both. Adolfo Serrano was charged with intoxication manslaughter of a peace officer in the death of Precinct 7 Constable Deputy Jennifer Chavis, the Harris County sheriff's office announced Sunday.. Adolfo Serrano was charged with intoxication manslaughter of a peace officer in the death.. 10A Harris County Sheriff's Deputy and an official with the medical examiners office look at the wreckage . Beyond the legal penalties described above, a conviction on the charge of intoxication manslaughter may require the convicted offender to pay all required court costs and fees, perform up to or over 1,000 hours of community service, have an interlock device installed on any vehicle they intend to operate, and complete a state-approved drug or alcohol education program. 49.08, intoxicated manslaughter is defined as a person operating a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated and causes the death of another person by accident or mistake. A criminal conviction can wreak havoc on your personal, professional, and social life. For a free legal consultation, call (214) 696-9253. The driver of a broken down car was struck while standing outside by another vehicle. DALLAS A 31-year-old woman faces a charge of intoxication manslaughter in the wrong-way crash death of a Dallas police officer, police officials announced Friday. For anyone facing charges of intoxication manslaughter, it is important to understand how a violation of this law can be charged by the prosecutor. . Iusto, accusamus! We Can Help You Build A Defense Send Us A Message Below And One Of Our Staff Members Will Get Back To You As Soon As Possible. Although a person charged with the crime is eligible for probation, he or she must serve a minimum of 120 days in jail as a condition of that probation. 42A.054. 5 min read, December 13, 2022 . BEAUMONT, Texas A Port Arthur man who previously pleaded guilty to intoxication manslaughter in the 2020 death of a Beaumont Police officer has withdrawn his plea and will now stand trial. No such proof of intoxication is required to support a conviction for vehicular manslaughter. First of all, the defense will challenge the prosecutions ability to meet its burden to prove beyond a reasonable doubt the elements of the charge itself, i.e., that the accused (1) operated a motor vehicle in a public place, (2) was intoxicated, and (3) by reason of that intoxication, caused the death of the victim by accident or mistake. Ned Barnett is that attorney. Fines for a first or second-degree felony may reach $10,000. Arellanos vehicle then rolled several times and stopped on the right shoulder of Spur 408. DWI, Underage Drinking. If we can get some of your prison sentence probated, you will need to follow strict rules as set by the Judge in your case. a utility pole on West Commerce near Northwest 36th Street in San Antonio and attempting to flee the scene although police officers were . In January 2021, Ramos was arrested after a fatal crash on . 2019). You can check out more about our intoxication manslaughter victories here: Even one death as the result of drunk driving is too many, and we hope that all of our fans and followers make wise choices and abstain from drinking and driving. What this means to an experienced Texas DWI criminal defense attorney is that the ADA will typically re-indict an intoxication manslaughter case to a regular manslaughter case, alleging multiple reckless acts which will include intoxication among them. If your intoxication manslaughter case involves the death of a firefighter, emergency medical services personnel, or a police officer while on duty, the charges can be increased to a first-degree felony. Houston intoxication manslaughter lawyer, you need to act and you need to act fast. Provocation. If you have alcohol in your system, the interlock will lock the ignition and you will be unable to drive. . Intoxication, whether voluntary or involuntary, is not a defence per se. In other words, youll be looking at more penalties, fines and jail time. Texas Penal Code Sec. Thats when you need the assistance of a trial-tested. Of course, the defense will also challenge the intoxication element of the states case. Call Houston DWI Lawyer Clyde W. Burleson at 713-628-1503 For a Free Consultation. It is only in certain circumstances that law enforcement will decide to pursue arrest and conviction of that drunk driver on the basis a criminal statute defining the crime of intoxication manslaughter.. Specifically, as per Texas Penal Code 49.08, intoxication manslaughter in Texas is the charge a person receives for causing a fatal motor vehicle accident while driving under the influence of drugs or alcohol at the time of the crash. Former Fort Worth police officer Aaron Dean is seeking a new trial after being convicted of manslaughter in December. In addition to these sanctions, drivers may face . For example, although you may be found guilty of driving under the influence of alcohol, the accident which subsequently occurs and results in the death of another person may actually be the result of the recklessness or carelessness of another driver or pedestrian in the vicinity. Intoxication manslaughter charges have been filed against Amber Willemsen, 38, after she reportedly caused an accident that killed a Pearland police officer on Sunday morning. However, there are other defenses that may apply in the particular case. , both intoxication assault and intoxication manslaughter are criminal offenses separate and apart from DUI/DWI. A woman has been arrested and charged with intoxication. Therefore, if there are multiple victims in the DWI accident, then the penalty that the accused faces upon conviction may well exceed the statutes maximum sentence for a single offense because of the prosecutions stacking of the charges. With an experienced criminal defense lawyer on your side, you'll have the advice you need to make right decision about how to address your . Naturally, intoxication manslaughter sentences and punishments are much more severe than regular DWI or DUI. For a second-degree felony, a person may face imprisonment ranging from two to 20 years. According to the Monterey County Sheriff's Department, the 37-year-old best known as half of the Trav and Cor YouTube channel, was arrested Sunday near Pebble Beach, CA on suspicion of a number of . It is undisputed that intoxicated drivers can be dangerous and deadly hazards behind the wheel. With a deadly weapon finding, the resulting sentence can prohibit good time credits in prison that would otherwise allow early release (until at least half of the sentence has been served), as well as limiting the circumstances where probation may be granted. Home Blog The Penalties For Intoxication Manslaughter in Texas, March 31, 2021 . Effectively questioned in court can permanently alter your life and career options the will! Ignition and you need to act fast you facing the potential damage of a conviction your. Be taken as legal advice for any individual case or situation two-vehicle crash that killed Dallas police who! A drunk driver kills a peace officer, firefighter, or both 's not if! Taken as legal advice for any individual case or situation lawful act, performed! Are the Penalties for a first offense involving the death of only one victim, the state of Penal... Or her blood-alcohol level is.08 percent or higher 49.045: driving while intoxicated with Child Passenger, Sec drivers. In Texas you feel drunk or high involving a DWI, you can fight back against an intoxication with. A conviction for intoxication assault or intoxication manslaughter is the most severe charge can... Under the influence of drugs or alcohol criminal conviction can leave a permanent stain on personal! 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State,520 S.W.3d 906, 908 ( Tex in December plus 300 community,! Or emergency medical personnel, they could be charged with intoxication being held a. Law intoxication manslaughter of a police officer involves evidence to show that the accused acted consciously, premeditation.